BLESSING VRS DOGBE & 2 OTHERS [2022] GHACA 110 (14 July 2022)

BLESSING VRS DOGBE & 2 OTHERS [2022] GHACA 110 (14 July 2022)

The appellant was properly served by substituted service, failed to act promptly, and did not appeal the original judgment within time. The lower court exercised its discretion judicially and in accordance with due process. There was no basis to set aside the judgment or to interfere with the lower court's ruling.

Citation
[2022] GHACA 110
Parties
Plaintiff/respondent: Rev. Bernard Blessing; 1st Defendant/appellant: Sgt Godwin Dogbe; Defendant: Jubilee S Laryea; Defendant: Ablorh Anima
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
14 July 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Judicial Discretion, Appeals, Audi Alteram Partem
Source Language
English
Civil Procedure Land Law Setting Aside Default Judgment Service of Process Judicial Discretion Appeals Audi Alteram Partem

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Parties

Rev. Bernard Blessing

Plaintiff/respondent

Sgt Godwin Dogbe

1st Defendant/appellant

Jubilee S Laryea

Defendant

Ablorh Anima

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the lower court erred in refusing to set aside the default judgment against the appellant
  2. 2 Whether the appellant was properly served with court processes
  3. 3 Whether the lower court exercised its discretion judicially and in accordance with due process

Ratio Decidendi

The appellant was properly served by substituted service, failed to act promptly, and did not appeal the original judgment within time. The lower court exercised its discretion judicially and in accordance with due process. There was no basis to set aside the judgment or to interfere with the lower court's ruling.

Court Disposition

appeal dismissed

Orders

  • Respondent awarded costs assessed at Gh¢5000.00